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2021 Supreme(Online)(Chh) 2703

CHHATTISGARH HIGH COURT
Sanjay K. Agrawal, J
Manoj Kumar – Appellant
Versus
State – Respondent


Advocates:
For the Appellants/Petitioners:Advocate for Manoj Kumar
For the Respondents:Advocate for State

Table of Content
1. background of the kidnapping case. (Para 3 , 4 , 5 , 6 , 7 , 8)
2. arguments regarding the age and consent of the prosecutrix. (Para 10 , 11)
3. court's observations on contradictions in evidence. (Para 14 , 15 , 16 , 17 , 18)
4. key findings on the prosecutor's evidence and resulting judgement. (Para 21 , 22 , 23)
5. final decision to set aside the conviction. (Para 24)

1. This appeal is heard through Video Conferencing.

2. This appeal arises out of the judgment of conviction and order of sentence dated 07.01.1999 passed by the Third Additional Sessions Judge, Raipur in Sessions Trial No. 429 of 1997, whereby the appellant stands convicted and sentenced as under: -


3. In this case, the prosecutrix (PW - 6) and the appellant were resident of same village namely Charouda, P. S. Dharsiva, both of them are of the same caste and well known to each other.

4. Facts of the case, in brief, are that on 27.08.1997, Ex. - P / 17 Dehatinalishi was recorded at Village Charouda, P.S. Dharsiva by PW - 16 Laxmi Prasad Dubey, Head Constable about missing person No.11/97, in the police station Dharsiva which was recorded in Roznamcha Sanha No. 985 dated 27.08.1997 vide Ex. - P / 17C. Dur






















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